MOHAMMAD JALEEL Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is preferred by the appellant being aggrieved by the judgment dtd. 27/4/2015 on the file of the IX Additional District and Sessions Judge, Wanaparthy, in S.C.No.702 of 2006 wherein, the appellant/accused was convicted for offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short 'IPC'). He was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000.00, in default of which, to undergo simple imprisonment for a period of six months.

(2.) The facts of the case are that the deceased Safia Begum was the wife of accused and their marriage took place about 18 years prior to April, 2006. Out of their wedlock, the deceased gave birth to three daughters and a son. PW.3 ' Salma, is the elder daughter. After about ten years of marriage, the accused got addicted to alcohol and used to threaten the deceased for money and also used to beat her frequently. Several times PWs.1 and 2 who are brothers of the deceased made efforts to convince the accused to mend his ways but their efforts failed. On 1/4/2006 the accused demanded money from his wife to purchase liquor and when she denied to give money and warned the accused to leave his company, he became wild and in rage, doused kerosene on the body of deceased and set her ablaze. Seeing the incident, PW.3 raised hues and cries. On hearing the same, the father of accused and neighbours rushed to the house and shifted the deceased to the Government Hospital, Kollapur. Later, she was shifted to the District Head Quarters' Hospital, Mahabubnagar, for treatment, where the dying declaration of deceased was recorded.

(3.) To prove the case, the prosecution examined PWs.1 to 14 and marked Exs.P1 to P8 and got marked M.Os.1 and 2. On behalf of accused, Exs.D1 and D2 were marked. Basing on the evidence on record and after hearing both sides, the trial Court convicted the accused, as stated supra.